Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1887-12-03
THE HIGHER COURTS.
SYNOPSIS Of Decisions Rendered at the
Present Tyler Sitting of the
Court Of Appeals.
Motions Ovsrruled, Gases Aft rmed and
Observation-Disclosures in Somo Long
Contested Cases.
Correspondence of the Gazette.

from ShsckelfOrd. Motion to set aside
judgment and reinstste the cause. Wnere
it is clearly shown that the County court
had no Jurisdiction this court has none
It matters not that the plea in reconven-
ton in this case exceeded 500, that Of
itself will not confer jurisdiction on this
court. The motion is overruled. White.
P.J.
Frank Farmer ct al. vs.. J. 7. Williams
appeal from Bell. In this case ap 3elIsnt's
brief is not in conformity with the rules,
and the appellee's brief seems
to be in proper form. Held: APP
pellsDt's brief not conforming with the
established rules we cannot pass upon the
points raised therein. Appellee's brief
being in due form, upon it the judgment
will be affirmed. Affirmed. White, ? j.
Clip Smith VS.. J. Winter; appeal from
Hill IL this case the amount in contro-
versy is just 500. Held This cour,
cannot entertain Jurisdiction for that
amount. Dismissed. White, P. j.
Central Texas and Northwestern Rail
way Company VS. II. S. Anderson; appeal
from Ellis. Suit for damages to cotton
shipped by appellee over appellants road
damage was done on appellants line OF
railway. The jury SO found, and their
fading is supported by the evidence.
There was no reversible error IN the
charge Of the court and the verdict and
judgment seem TO be borne out by the
evidence. No error. Affirmed. White,
P. J.
J. A. McDow ct 81. VS.. Joseph Luther,
by his next friend; appeal from Hill. In
this case the evidence seems to be some
what conflicting, and the jury being the
exclusive Judges of the weight Of the testi-
EmonY.aha the credibility of the witnesses,
Etoupf for appellee, and we are not pre-
spated e. say that their finding is not sup
sported 3by the .ssfaence. There was no
error in the copFsbeloW. White, ?. j.
J. W. PSgESfVs. T. G.. Leedy; appeal
from Coleman. Il is insisted that the ap-
peal bond IN this case is not conditioned
as the law requires, because the same is
signed by g party VINO was one OF the
sureties on the appeal bond given on sp-
peal from the Justice to the County
court. Held: The appeal bond is sufH
cient and the motion TO quEsh same will
be overruled. None Of the errors COM
planned Of are material, and it appearing
that substantial justice has been done,
8the Judgment will not be disturbed
Affirmed. White, P. J.
@Essterf& Kellogg VS.. Seeligson s Co. !;
appeal from Robertson. The mortgage
WAS given on "tWelVe bales of cotton of
the average weight CT 500 per bale, to
be raised and grown by said
Sarleton in the year 1886 On
certain farm known IS the
D. N. BARI "a farm In the Brazos bottom
eight miles south Of Hearne." 1t is in
sisted that the court below erred in hold
ing the mortgage void because Of uncer-
tainty Of the description OF the properly
alleged to be mortgaged. Held: The
court did not err il so holding. Appel
liant made and sold 80 or 40 bales Of cot
ton before this cotton was levied on. The
description WAS not sufficient. Affirmed.
White, P.J.
S. H, Watson vs.. J. T. Savers; appeal
from Ellis. Where proceedings by dis
tress commenced IN JUSTICES court, and
on account of amount have been return
ed for trial to the county court, and in
said court defendant moved to dismiss,
and also pleaded IN reConvention, and the
distress proceedings ate dismissed.
Held; The court had Jurisdiction to still
hear and determine defendants plea in
reconvention. Affirmed. White, P. J.
Cuff, Colorado and Santa Fe Railway
Company vs.. S. w. Lovelady; appeal
from Johnson. In this case the evidence
is conflicting and we think, however, that
there is ample proof TO sustain the YER
dict. This court will not reverse where
there is conflict Of testimony, unless the
verdict is clearly unsupported by the evil
dence. The charge Of the court below
was correct, taken as a whole. There is
no error that will reverse the case. At
frmed. White, P. J.
Missouri Pacific Railway vs.. j. L. Peay;
appeal from Bell. Suit to recover the
value of carriage shipped over appel
lsnt's railway. The carriage was blown
off the fat car on which it was shipped,
and ruined. Appellants company con-
tend the damage was caused by the act OF
God, and that they were not responsible.
Appellee contends that the damage
was caused because the carriage was de-
fectively fastened to the Car. Upon this
point the evidence was conflicting, and
the jury gave 8 verdict for appellee.
Held: In cases OF this kind we will not
disturb the verdict and Judgment of The
court below, when there is evidence to
sustain the finding. No material error.
Affirmed. Per curiam.
W. D. HolIoman VS.. G. W. Murphy;
appeal from Rusk. There being no fun
damental error apparent from the record,
and none of the rulings of the court be-
ing materially erroneous, the judgment
will be allowed to stand. Where none OF
the errors complained of have ejudiced
appellant, and it is apparent that sub
stantial justice has been attained, this
court will not disturb the judgment OF
the court below. Affirmed.
Central Texas and Northwestern Rail-
way vs.. W. II. Beauchamp; appesl from
Ellis. In this case none of the errors
complained of by appellant sre well
taken. The judgment of the court below
is sustained By the evidence. The charge
of the court taken as whole was full and
fair, and submitted all the issues properly
10 the jury and we can see no vslid reason
for setting sside the judgment of the court
below. Affirmed. Per Curtain.
J.E. Hsymen & Co. VS.. M. S. Coultey
ct ais; appeal from Esstlsnd county
The appellants briefs fail to inform the
court of the matters complained of in
such manner as that they can be under